Sweet v. Porter
Supreme Court of Iowa
Appeal from Johnson District Court. PROCEEDING to foreclose a mortgage, commenced in August, 1860, decree pro eonfesso entered in March, 1861, from which defendants appeal. I. The court had no jurisdiction of the defendants. The notice stated that the petition was then on file, when in fact there was none filed for some days thereafter.
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Appeal from Johnson District Court. PROCEEDING to foreclose a mortgage, commenced in August, 1860, decree pro eonfesso entered in March, 1861, from which defendants appeal. I. The court had no jurisdiction of the defendants. The notice stated that the petition was then on file, when in fact there was none filed for some days thereafter. The point is held otherwise in McCaffrey v. Guessford, 1 Iowa 80; but we trust this court will adopt the views of Isbell, J., as expressed in the dissenting opinion in that case. II. Granting that appellants were duly notified, nine months had not elapsed…
1Opinion of the CourtWright, J.
The point most relied upon by appellants involves the construction of chapter 43 of the acts of 1860, “An act to regulate the foreclosure of mortgages.” The first section of that act provides, that defendants in each cases shall not be held to answer until the expiration of nine months after the date of the service of the original notice on the first defendant served. The second declares that from and after the first day of January, 1861, “the act shall cease to be in force and the class of actions meantime shall be governed by the rules of practice concerning such actions in force at that…
2Cases cited1 opinion
- McCaffree v. GuesfordSupreme Court of Iowa · 1855
3Cited by3 opinions
- Owens v. City of MarionSupreme Court of Iowa · 1905
- Newman v. SamuelsSupreme Court of Iowa · 1864
- George v. GanderSupreme Court of Iowa · 1967